scroll to top
Stuck on your essay?
Get ideas from this essay and see how your work stacks up
Word Count: 2,694
Defences to Negligence There are certain Defences which have a particular relevance to claims in negligence one of these is Contributory negligence It operates where the Plaintiffs own fault has contributed to the damage suffered and the damages payable are reduced in proportion to the degree of fault Before the Law Reform Contributory Negligence Act 1945 contributory negligence was a complete defence and no damages were recoverable where the injuries were caused partly by the plaintiffs own fault Under Section 1 1 of the Act the court has power to apportion the damage and where a Plaintiffs own conduct has contributed to the accident or harm to reduce the damages awarded The second defence is volenti non fit injura which means no wrong is done to one who consents This means that a plaintiff who voluntarily agrees to undertake the risk of harm is not permitted to sue for the consequent damages It is a complete defence and if it succeeds the plaintiff gets nothing The third defence is ex turpi causa non oritur actio This means that no right of action arises from a bad cause therefore the defendant is not liable for damage in circumstances where the Plaintiff was participating in an unlawful act 1 CONTRIBUTORY NEGLIGENCE FROOM V BUTCHER 1976 The Plaintiffs carelessness need not be a cause of the accident but it is essential to show that it contributed to the damage suffered Here the P was involved in a collision caused by the Ds negligence He was not wearing a seat belt but if he had been wearing a belt the head and chest Injuries that he sustained in the incident would have been avoided It was HELD that the Standard of Care is Objective In failing to wear a seat belt the P failed to take reasonable precautions for his own safety and his damages were reduced
@Kibin is a lifesaver for my essay right now!!
- Sandra Slivka, student @ UC Berkeley
Wow, this is the best essay help I've ever received!
- Camvu Pham, student @ U of M
If I'd known about @Kibin in college, I would have gotten much more sleep
- Jen Soust, alumni @ UCLA